Patna High CourtCR. MISC./45645/2023rejected

Deelip Patel v. The State Of Bihar

2023-08-02Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45645 of 2023 Arising Out of PS. Case No.-222 Year-2020 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Deelip Patel Son of Angad Singh Resident of Bhabhua Ward No.-9, Chhawani Mohalla, P.S.-Bhabhua, District-Kaimur at Bhabhua ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chhote Lal Mishra, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

3. Petitioner seeks bail who is in custody since 24.08.2020 in connection with Durgawati P.S. Case No. 222 of 2020, F.I.R. dated 23.08.2020 for the offences punishable under Sections 8, 20(b)(ii)(c), 22 and 27A of the NDPS Act.

4. Earlier the bail application of the petitioner was rejected vide order dated 16.05.2022 passed in Cr. Misc. No. 47105 of 2021.

5. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the

Patna High Court CR. MISC. No.45645 of 2023(3) dt.02-08-2023 2/2 present case and the petitioner is in custody since 24.08.2020.

6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that altogether 390 kg of Ganja has been recovered and the recovered contraband is approximately 20 times of the commercial quantity.

7. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Durgawati P.S. Case No. 222 of 2020 pending in the court of learned Additional District & Sessions Judge-I cum Special Judge, Kaimur at Bhabhua.

8. Prayer is refused.

9. However, the learned Trial Court is directed to expedite and conclude the trial within a period of 9 months and if the trial is not concluded within the aforesaid period, then the petitioner will be at liberty to move a fresh application in accordance with law.

(Rajesh Kumar Verma, J) Vanisha/- U T